Category: Colorado Court Opinions

The People of the State of Colorado, Petitioner, v. Robert Dennis Gandy, Respondent. The People of the State of Colorado, Petitioner, v. Kirk Howard Reichenberg, Respondent. No. 82SC133 No. 83SC43Supreme Court of Colorado. Decided June 18, 1984. Certiorari, District Court, Boulder County Honorable William D. Neighbors, Judge Alexander M. Hunter, District Attorney, Joan Friedland, Deputy […]

(520 P.2d 598) Gail Thomas Edwards v. Motor Vehicle Division Colorado Department of Revenue and R. Jorgensen, Hearing Officer No. 73-187Colorado Court of Appeals. Decided March 19, 1974. Motor Vehicle Division hearing officer found that truck driver had exceeded the maximum number of traffic violation penalty points and ordered that his chauffeur’s license be suspended. […]

175 P.2d 389 FULLERTON v. BASS ET AL. No. 15,719.Supreme Court of Colorado. Decided December 9, 1946. Rehearing denied December 30, 1946. Judgment affirmed en banc on application for supersedeas without written opinion. Mr. Justice Luxford did not participate. Error to the District Court of the City and County of Denver, Hon. Robert W. Steele, […]

John V. Breaker, Plaintiff-Appellant, and Sara D. Breaker and Elizamy, Inc., a dissolved Colorado corporation, Third-Party Defendants-Appellants, v. Corrosion Control Corporation, a Colorado corporation, Defendant and Third-Party Plaintiff-Appellee. No. 00CA0420Colorado Court of Appeals. April 12, 2001 City and County of Denver District Court No. 98CV9917; Honorable Morris B. Hoffman, Judge ORDER AFFIRMED IN PART, REVERSED […]

(361 P.2d 445) GEORGIA C. EADON v. MAURICE REULER, CONSERVATOR, ETC. No. 19,314.Supreme Court of Colorado. Decided May 1, 1961. From a judgment of dismissal in an action against attorneys for damages, the plaintiff brings error. Affirmed. 1. JUDGMENT — Res Judicata — Prior Action. Issues determined in action against former husband and his attorney […]

In re the Marriage of Barbara F. Campbell, n/k/a Barbara Fullerton, Appellant, and Scott B. Campbell, Appellee. No. 94CA1417Colorado Court of Appeals. Decided September 28, 1995 Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge No. 85DR2119 ORDER AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 20 […]

Republic Insurance Company, Petitioner, v. Robert H. Jernigan and Gayle S. Jernigan, Respondents. No. 86SC13Supreme Court of Colorado. Decided April 11, 1988. Certiorari to the Colorado Court of Appeals Henderson and Streelman, Jack D. Henderson, for Petitioner. Allen, Rogers, Metcalf Vahrenwald, Donald E. Johnson, Jr., for Respondents. EN BANC JUSTICE ERICKSON delivered the Opinion of […]

35 P.2d 860 COLORADO LIFE COMPANY v. WINEGARNER. No. 13,349.Supreme Court of Colorado. Decided July 2, 1934. Suit to recover on a life and accident insurance policy. Judgment for plaintiff. Reversed. On Application for Supersedeas. 1. INSURANCE — Life and Accident — Contract — Reinstatement. The statutes of Colorado do not require an insurance company […]

(495 P.2d 1137) Richard Quintano v. The Industrial Commission of the State of Colorado and James H. Shaffer, Albert S. Mangan, and Walter Johnson, Commissioners No. C-109Supreme Court of Colorado. Decided April 10, 1972. Action against Industrial Commission and its three commissioners for injuries sustained by plaintiff while working as die-setter in plant. District court […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rumon A. ROBINSON, Defendant-Appellant. No. 05CA1231.Colorado Court of Appeals. May 29, 2008. As Modified on Denial of Rehearing July 10, 2008. Appeal from the District Court, Arapahoe County, Cheryl L. Post, J. Page 1167 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

Department of Health, State of Colorado Appellant and Cross Appellee, v. Hecla Mining Company, Appellee and Cross-Appellant. No. 87CA1414Colorado Court of Appeals. Decided May 25, 1989. Rehearing Denied 06/22/89 Certiorari Denied October 30, 1989 (89SC400). Appeal from the District Court of La Plata County Honorable Al H. Haas, Judge Page 123 Duane Woodard, Attorney General, […]

(358 P.2d 866) PEOPLE EX REL. v. ISABEL M. BEJARANO, ETC. No. 19,110.Supreme Court of Colorado. Decided January 23, 1961. Proceeding by Inheritance Tax Commissioner for assessment of inheritance tax on community funds of husband and wife. Judgment for objector. Affirmed. 1. CONFLICT OF LAWS — Inheritance Tax — Community Property — Law Governing. In […]

Faith Dupre, Plaintiff-Appellant, v. Allstate Insurance Company, Defendant-Appellee. No. 01CA0630.Colorado Court of Appeals. Division III. June 6, 2002. Certiorari Denied February 10, 2003. Mesa County District Court No. 99CV0365; Honorable Amanda D. Bailey, Judge. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS. Page 1025 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT […]

People of the State of Colorado, Petitioner, v. Dennis Palmer, Respondent. No. 00SC326Supreme Court of Colorado. September 10, 2001 As Amended September 21, 2001. Rehearing Denied October 1, 2001.[*] [*] Justice MARTINEZ and Justice BENDER would grant the petition. Certiorari to the Colorado Court of Appeals Court of Appeals, Case No. 98CA1216. Page 864 JUDGMENT […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of M.M.O.P., a Child, Appellant. No. 92CA1413Colorado Court of Appeals. Decided December 2, 1993. Rehearing Denied January 20, 1994. Certiorari Denied May 16, 1994. Appeal from the District Court of Jefferson County Honorable Gaspar F. Perricone, Judge No. 91JD9 JUDGMENT AND SENTENCE AFFIRMED Page […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Hormoz POURAT, Defendant-Appellant. No. 02CA1621.Colorado Court of Appeals. Division V. February 26, 2004. Rehearing Denied May 6, 2004. Certiorari Denied November 8, 2004.[*] [*] Justice KOURLIS would GRANT as to the following issues: Whether the defendant was denied his due process right to notice of the […]

The PEOPLE of the State of Colorado, Petitioner-Appellee, In the Interest of D.W., Juvenile-Appellant. No. 08CA2223.Colorado Court of Appeals. September 3, 2009. Rehearing Denied October 22, 2009. Appeal from the District Court, Arapahoe County, William B. Sylvester, J. Page 183 John W. Suthers, Attorney General, Elizabeth Rohrbough, Senior Assistant Attorney General, Denver, Colorado, for Petitioner-Appellee. […]

Ronald E. Richardson and Darlene Richardson, Plaintiffs-Appellants, v. John L. McFee, M.D., Defendant-Appellee. No. 83CA0942Colorado Court of Appeals. Decided May 31, 1984. Rehearing Denied June 28, 1984. Appeal from the District Court of the City and County of Denver Honorable Robert T. Kingsley, Judge Page 518 Bragg Dubofsky, P.C., John W. Hornbeck, for plaintiffs-appellants. Montgomery, […]

Hazel Hartley and Hartley Sons, Inc., a Colorado corporation, Plaintiffs-Appellants, v. City of Colorado Springs; The City Council, Colorado Springs; Robert M. Isaac, Mayor; Leon Young, Vice Mayor; Wilton Cogswell, Frank Parisi, William Snyder, Bruce Shepherd and Mary Ellen McNally, each in their Official capacity; Walt Kreidel, Zoning Inspector, in his official capacity; Marty Miller […]

Lonnie Bolejack, Bonnie Bolejack, Laurel Spence, and Ron Bolejack, Plaintiffs-Appellants, v. Travelers Insurance Company, Garnishee-Appellee. No. 01CA2291.Colorado Court of Appeals. Division II. January 2, 2003. City and County of Denver District Court No. 98CV1882; Honorable John N. McMullen, Judge JUDGMENT AFFIRMED Page 940 John S. Tatum, Aurora, Colorado; Ben Klein, Denver, Colorado, for Plaintiffs-Appellants Montgomery, […]

50 P.2d 784 BELCOE v. HEFFELFINGER. No. 13,741Supreme Court of Colorado. Decided October 14, 1935. Rehearing denied November 4, 1935. Action in replevin. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. SALES — Adverse Possession. Personal property in the adverse possession of another may be sold by the owner, in which case the purchaser […]

Cold Springs Ranch, Incorporated, Petitioner-Appellee, v. State of Colorado, Department of Natural Resources, Mined Land Reclamation Division and Crested Butte Concrete, a/k/a Colorock, Inc., Respondents-Appellants. No. 85CA1461Colorado Court of Appeals. Decided June 9, 1988. Appeal from the District Court of the City and County of Denver Honorable Gilbert A. Alexander, Judge Page 1036 Frederick L. […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Daloyd T. REYNOLDS, Defendant-Appellant. No. 04CA1053.Colorado Court of Appeals. September 7, 2006. Appeal from the District Court, City and County of Denver, Richard T. Spriggs, J. Page 685 John W. Suthers, Attorney General, Matthew D. Grove, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Lisa A. Polansky, […]

COMPASS BANK, Defendant-Appellant, v. Noelle KONE, Defendant-Appellee. No. 04CA1914.Colorado Court of Appeals. January 12, 2006. As Modified on Denial of Rehearing March 16, 2006. Appeal from the Adams County District Court, No. 03CV3060, Donald W. Marshall, Jr., J. Page 501 Brown, Berardini Dunning, P.C., Brian J. Berardini, C. Read Sawczyn, Denver, Colorado, for Defendant-Appellant. Esbenshade […]

Michael Bishop, Complainant-Appellant, v. Department of Institutions, Division of Youth Services, Respondent-Appellee, and The State Personnel Board of the State of Colorado, Appellee. No. 91CA0430Colorado Court of Appeals. Decided April 23, 1992. Appeal from the State Personnel Board. Page 507 Stephen W. Miller, for Claimant-Appellant. Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy […]

(497 P.2d 1000) Charles R. Hardamon, individually and on behalf of all other persons similarly situated v. The Municipal Court in and for the City of Boulder, Colorado, and Richard F. Hansen, Municipal Judge Municipal Court in and for the City of Boulder, Colorado, and Richard F. Hansen, Municipal Judge v. Charles R. Hardamon, individually […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard Paul Trujillo, Defendant-Appellant. No. 84CA0776Colorado Court of Appeals. Decided August 8, 1985. Rehearing Denied September 12, 1985. Certiorari Denied Trujillo January 21, 1986 (85SC398). Appeal from the District Court of Lake County Honorable Richard H. Hart, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief […]

(343 P.2d 833) LEWIS DER. MOWRY v. KELLY JACKSON, ET AL., AS STATE BOARD OF LAND COMMISSIONERS. No. 18,252.Supreme Court of Colorado. Decided September 8, 1959. Review of action of State Board of Land Commissioners in denying severance in sale of state land under Veteran’s Preference Act. Judgment for defendants. Affirmed. 1. TRIAL — Pleadings […]

Union Pacific Railroad Company, as successor in interest to the Denver and Rio Grande Western Railroad Company, Plaintiff-Appellant, v. Certain Underwriters at Lloyd’s, London; Certain London Market Insurance Companies; and Michigan Mutual Insurance Company, Defendants-Appellees. No. 00CA0965Colorado Court of Appeals. November 8, 2001 City and County of Denver District Court No. 97CV6951 Honorable John W. […]

Apache Village, Inc., Plaintiff-Appellant, v. The Coleman Company; Ted G. Berryhill; Johnny Ketelsen Recreational Vehicles, Inc., d/b/a Ketelsen Campers of Colorado; Randall Ketelsen; Gary Ketelsen, and John Ketelsen, Defendants-Appellees. No. 86CA0419Colorado Court of Appeals. Decided June 8, 1989. Appeal from the District Court of Jefferson County Honorable Gasper Perricone, Judge. Mitchem Mitchem, P.C., James E. […]

206 P.2d 341 SANTO v. SANTO. No. 16,109.Supreme Court of Colorado. Decided May 2, 1949. Rehearing denied May 23, 1949. An action for divorce involving custody of a minor child and alimony. The trial court ordered payment of alimony by plaintiff husband to defendant, conditioned on the return of the child, then in the custody […]

(354 P.2d 155) CITY AND COUNTY OF DENVER, ET AL. v. L. MEWBORN, ET AL. No. 19,410.Supreme Court of Colorado. Decided July 11, 1960. Action challenging validity of amendment to city charter. Judgment for plaintiffs. Reversed. 1. CONSTITUTIONAL LAW — Home Rule City — Charter — Amendment — Subjects — Validity. Under Art. XX of […]

(595 P.2d 1058) Michael O. Kelley v. Bessie Morgan No. 78-037Colorado Court of Appeals. Decided March 1, 1979. Rehearing denied April 5, 1979. Certiorari denied June 4, 1979. Lessor appealed a jury verdict for her lessee in an action interpreting a lease covenant. Affirmed in Part, Reversed in Part. 1. LANDLORD AND TENANT — “Improvements” […]

85 P.2d 729 ESTATE OF CHENEY. CHENEY ET AL. v. CORBETT, ADMINISTRATOR. No. 14,427.Supreme Court of Colorado. Decided December 19, 1938. Rehearing denied January 3, 1939. Proceeding involving the allowance of funeral expenses and administrator and attorney fees in connection with the settlement of the estate of a deceased person. The district court upheld the […]

In the Matter of the Estate of Dan Kubby, Deceased. Janice S. Kubby, Petitioner-Appellant, v. Jack G. Shaffer, in his capacity as personal representative of the Estate of Dan Kubby, Mitchell S. Wagner, Eric K. Kubby, and Danielle Shayne Kubby, Respondents-Appellees. No. 95CA1916Colorado Court of Appeals. November 29, 1996 Page 56 Appeal from the Probate […]

The People of the State of Colorado, Plaintiff-Appellant, v. Eric J. Lanzieri, Defendant-Appellee. No. 98CA0480Colorado Court of Appeals. March 18, 1999 Petition for Rehearing DENIED July 1, 1999 Appeal from the District Court of Weld County, Honorable Roger A. Klein, Judge, No. 97CR655 JUDGMENT AFFIRMED Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy […]

Cassandra LEWIS, Petitioner, v. Frank LEWIS and Lucy Lewis, Respondents. No. 07SC134.Supreme Court of Colorado. June 30, 2008. As Modified on Denial of Rehearing August 18, 2008.[*] [*] Justices Rice, Coats and Eid would grant the petition. Page 1135 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

Richard R. Rollins and Dalrie A. Berg, Plaintiffs-Appellees, v. City of Northglenn, Colorado, Defendant-Appellant. No. 82CA0307Colorado Court of Appeals. Decided March 22, 1984. Rehearing Denied April 26, 1984. Certiorari Denied November 13, 1984. Appeal from the District Court of Adams County Honorable Oyer G. Leary, Judge Page 251 Stuart L. Boulter, P.C., Stuart L. Boulter, […]

(331 P.2d 1102) PULLEN MOTORS, INC. v. NEAL THOMPSON. No. 18,184.Supreme Court of Colorado. Decided November 24, 1958. Suit for deficiency judgment following foreclosure and sale of an automobile under a chattel mortgage. From a judgment for less than the amount claimed the plaintiff brings error. Affirmed. 1. CHATTEL MORTGAGES — Foreclosure — Automobile — […]

The People of the State of Colorado, Petitioner, v. Joseph Padilla, Respondent. No. 94SC144Supreme Court of Colorado. Decided December 11, 1995 Opinion Modified, and as Modified, Petition for Rehearing DENIED January 8, 1996 Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 602 Gale A. Norton, Attorney General, Stephen […]

185 P.2d 1012 J. AND R. A. SAVAGEAU, INC. v. LARSEN ET AL. No. 15,935.Supreme Court of Colorado. Decided October 6, 1947. An action in forcible entry and detainer. Judgment for defendants. Writ of Error Dismissed. 1. APPEAL AND ERROR — No Final Judgment — Dismissals. On review, the rule requiring the inclusion of the […]

(412 P.2d 910) Western Empire Life Insurance Company v. Albert W. Wash, et al. No. 21188Supreme Court of Colorado. Decided April 11, 1966. Action by named beneficiaries to recover stated amount in life insurance policy issued by defendant. From an adverse judgment, insurer brings error. Affirmed. 1. INSURANCE. — Estoppel — Applicant — Belief — […]

(601 P.2d 653) Shelly M. Wigent, by her next friend, Vera L. Wigent v. The Honorable Lloyd K. Shinsato, Judge of the Municipal Court, City of Northglenn, County of Adams, Colorado No. 79CA0235Colorado Court of Appeals. Decided July 26, 1979. Rehearing denied August 16, 1979. Certiorari denied October 22, 1979. Juvenile, charged with shoplifting goods […]

John J. Haggerty III, Plaintiff-Appellee, v. Poudre Health Services District, f/k/a Poudre Valley Hospital District, Defendant-Appellant. No. 96CA0701Colorado Court of Appeals. June 12, 1997 Appeal from the District Court of Larimer County, Honorable Arnaud Newton, Judge, No. 95CV570 JUDGMENT AFFIRMED Page 1106 John J. Haggerty III, Pro se Hayes, Phillips Maloney, P.C., John E. Hayes, […]

Raymond S. Pietramale d/b/a R.S. Pietramale and Associates and Affiliated Sales v. Robert G. Fisher Company, Inc., a California corporation No. 80CA1139Colorado Court of Appeals. Decided December 3, 1981. Appeal from the Superior Court of the City and County of Denver, Honorable Charles E. Bennett, Judge. George H. Whitcomb, for plaintiffs-appellees. Ireland, Stapleton Pryor, P.C., […]

(425 P.2d 704) James H. Lay, Jrs. v. Margaret A. Lay No. 21020.Supreme Court of Colorado. Decided March 6, 1967. Rehearing denied April 17, 1967. Action in divorce. From an order granting a reduction of alimony payments but decreeing that the reduction should be an abatement but not a forgiveness, the husband brought error. Affirmed. […]

136 P.2d 673 ESTATE OF KOCH. KOCH v. GARNIER ET AL. No. 15,237.Supreme Court of Colorado. Decided April 5, 1943. A will contest proceeding. Judgment for caveators. Affirmed. On Application for Supersedeas. 1. WILLS — Contest — Evidence. In a will contest proceeding courts should be liberal in admitting evidence of all circumstances, even though […]

129 P.2d 108 MILL v. CITY OF FORT COLLINS. No. 15,066.Supreme Court of Colorado. Decided June 29, 1942. Rehearing denied September 14, 1942. Action for damages for death of plaintiff’s husband. Directed verdict and judgment for defendant. Reversed. 1. APPEAL AND ERROR — Directed Verdict. In an action for damages for death of plaintiff’s husband, […]

14 P.2d 1095 BARROW ET AL v. WILCOXSON ET AL. No. 12,830.Supreme Court of Colorado. Decided September 12, 1932. Action to apportion stock range on public domain under chapter 125, S. L. ’29. Range apportioned. Page 279 Affirmed. 1. LIVE STOCK — Apportionment of Range — Statute Construed. Sections 1 and 2, c. 125, S. […]

In the Matter of the Title, Ballot Title and Submission Clause, and Summary For 1997-1998 #64 Bennett S. Aisenberg, Petitioner, v. Douglas Campbell and Mark Dorn, Respondents, and Rebecca Lennahan and Richard Westfall, Title Board. No. 98SA131Supreme Court of Colorado. June 22, 1998 Original Proceeding Pursuant to 1-40-107(2), 1 C.R.S. (1997) ACTION REVERSED Page 1193 […]

Gladys M. McBee v. Frances E. Crosby No. 80CA1148Colorado Court of Appeals. Decided August 6, 1981. Petition for rehearing granted and prior opinion of June 4, 1981, withdrawn. Certiorari denied October 26, 1981. Appeal from the District Court of LaPlata County, Honorable William S. Eakes, Judge. Page 1060 Sherman and Duncan, David W. Duncan, for […]

The PEOPLE of the State of Colorado, Complainant, v. Bradley S. RHODES, Respondent. No. 04PDJ044.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado. February 7, 2005. Page 1178 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1179 Attorney Regulation. […]

Colorado State Board of Nursing, Petitioner-Appellee, v. Sharon E. Geary, a/k/a Sharon Reid, RN., License No. 87056, Respondent-Appellant. No. 96CA0970Colorado Court of Appeals. August 7, 1997 Petition for Rehearing DENIED September 4, 1997 Petition and Cross-Petition for Writ of Certiorari DENIED May 11, 1998. Appeal from the Colorado State Board of Nursing, No. NB9476 ORDER […]

Roland A. Wilson, Plaintiff-Appellee and Cross-Appellant, v. Estate of David Lawrence, Defendant-Appellee and Cross-Appellant, and Karl Smith, Defendant-Appellant and Cross-Appellee. No. 94CA0351Colorado Court of Appeals. Decided July 27, 1995 Rehearing Denied August 17, 1995. Certiorari Denied January 22, 1996. Page 68 Appeal from the District Court of the City and County of Denver Honorable Connie […]

(272 P.2d 276) KINCAID ET AL. v. MILLER. No. 17,250.Supreme Court of Colorado. Decided June 28, 1954. Rehearing denied July 19, 1954. An action involving the ownership of certain oil and gas territory leases. Judgment for plaintiff. Affirmed. 1. PROPERTY — Joint Adventurers. “Joint adventurers, like copartners, owe to one another, while the enterprise continues, […]

United Bank of Aurora, Plaintiff-Appellee, v. David Meaux, Defendant-Appellant. No. 85CA0524Colorado Court of Appeals. Decided April 7, 1988. Rehearing Denied April 28, 1988. Certiorari Denied September 6, 1988 (88SC248). Appeal from the District Court of Jefferson County Honorable Ruthanne N. Polidori, Judge Elrod, Katz, Preeo Look, P. C., Michael P. Serruto, Robert R. Marshall, for […]

Aspen Highlands Skiing Corporation and Colorado Compensation Insurance Authority, Petitioners, v. John J. Apostolou, The Industrial Claim Appeals Office of the State of Colorado, and Director, Division of Labor, Respondents. No. 91CA1936Colorado Court of Appeals. Decided December 31, 1992. Rehearing Denied January 28, 1993. Certiorari Granted June 21, 1993 (93SC94). Certiorari Granted on the following […]

203 P.2d 503 MONKS v. HEMPHILL. No. 16,165.Supreme Court of Colorado. Decided February 21, 1949. This review involves a motion of defendant in error to dismiss the application for supersedeas and issue a remittitur. Motion Denied. 1. SUPERSEDEAS — Writ — Office. The writ of supersedeas is merely an auxiliary process designed to supersede the […]

79 P.2d 1052 INDEPENDENT LUMBER COMPAN v. LEATHERWOOD. No. 14,198.Supreme Court of Colorado. Decided February 14, 1938. On rehearing original opinion adhered to June 6, 1938. Action for damages for personal injuries resulting from an automobile accident. Judgment for plaintiff. Affirmed. 1. NEGLIGENCE — Damages — Ordinary Care. A failure to exercise ordinary care for […]

(364 P.2d 187) JOHN J. MORRISSEY v. BENJAMIN F. ACHZIGER, ET AL. No. 19,172.Supreme Court of Colorado. Decided August 21, 1961. Action to quiet title to portion of vacated street. Judgment for plaintiffs. Reversed. 1. QUIETING TILE — Evidence — Burden of Proof. In an action to quiet title the plaintiff must rely on the […]

Industrial Commission of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado); and Division of Employment and Training, Colorado Department of Labor, Petitioners in 85SC127, v. Eudesimo Arteaga, Respondent in 85SC127. and Industrial Commission of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado), and Division of Employment and Training, Colorado Department of Labor and Employment, […]

THE PEOPLE OF THE STATE OF COLORADO ex rel. ROBERT R. GALLAGHER, JR., DISTRICT ATTORNEY IN AND FOR THE EIGHTEENTH JUDICIAL DISTRICT, Petitioner, v. THE DISTRICT COURT IN AND FOR THE COUNTY OF ARAPAHOE, STATE OF COLORADO, and the HONORABLE JACK F. SMITH, ONE OF THE JUDGES THEREOF, Respondents. No. 96SA294Supreme Court of Colorado. February […]

Moguls of Aspen, Inc., a Colorado corporation, and The Mogul Shop, Inc., a Colorado corporation, Plaintiffs-Appellants, and Nancy Snell, Plaintiff, v. Faegre Benson, a partnership, and Christian C. Onsager, individually, and as a partner in Faegre Benson, Defendants-Appellees. No. 95CA1363Colorado Court of Appeals. May 15, 1997 Petition for Rehearing DENIED July 31, 1997 Page 619 […]

In the Matter of the Estate of Gladys H. Fryer, Deceased. Joyce A. Sparks and LaRue Heath, Petitioners-Appellants and Cross-Appellees, v. Margaret E. Allen and Evelyn Jordens, Respondents-Appellees and Cross-Appellants. No. 93CA0408Colorado Court of Appeals. Decided April 21, 1994 Appeal from the Probate Court of the City and County of Denver, Honorable Field C. Benton, […]

(450 P.2d 352) City and County of Denver, and State Compensation Insurance Fund v. Benjamin M. Lee, III, and Industrial Commission of Colorado. No. 23435.Supreme Court of Colorado. Decided February 17, 1969. Workmen’s compensation case. Claimant, a police officer, sustained a back injury while playing on police department basketball team. From a finding that claimant […]

The People of the State of Colorado, Plaintiff-Appellant, v. Sally Ann Welsch, Defendant-Appellee. No. 86SA471Supreme Court of Colorado. Decided August 4, 1987. Interlocutory Appeal from District Court, Arapahoe County Honorable Charles A. Friedman, Judge. Robert R. Gallagher, Jr., District Attorney, Bruce H. Rabun, Deputy District Attorney, for Plaintiff-Appellant. Glen R. Anstine, for Defendant-Appellee. Raymond T. […]

Douglas BRUCE, individually and on behalf of all Pikes Peak Library District property taxpayers since January 1999 and all Pikes Peak Library District registered electors since November 1992, Plaintiff-Appellant and Cross-Appellee, v. PIKES PEAK LIBRARY DISTRICT, Does IX, Defendant-Appellee and Cross-Appellant. No. 04CA2485.Colorado Court of Appeals. February 8, 2007. Appeal from the District Court, El […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael U. Sutka, Defendant-Appellant. No. 83CA1403Colorado Court of Appeals. Decided August 15, 1985. Rehearings Denied September 12, 1985. Certiorari Denied People February 24, 1986 (85SC397). Appeal from the District Court of Garfield County Honorable Thomas W. Ossola, Judge Page 1327 Duane Woodard, Attorney General, Charles B. […]

(507 P.2d 875) The People of the State of Colorado v. Jesse S. Bugarin No. 24980Supreme Court of Colorado. Decided March 5, 1973. Opinion modified and as modified rehearing denied March 26, 1973. Defendant was convicted of aggravated robbery and assault with a deadly weapon and appealed. Reversed 1. CRIMINAL LAW — Double Jeopardy — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thomas Allee, Defendant-Appellant. No. 01CA2240Colorado Court of Appeals. April 10, 2003 Certiorari Denied October 6, 2003 Adams County District Court No. 00CR2705; Honorable Thomas R. Ensor, Judge JUDGMENT AFFIRMED Division IV Dailey, J., concurs Rothenberg, J., specially concurs Page 832 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

The People of the State of Colorado, Complainant, v. Nancy Elizabeth Coulter, Attorney-Respondent. No. 97SA387Supreme Court of Colorado. January 12, 1998 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Nancy Elizabeth Coulter, Pro Se, Denver, Colorado. EN BANC JUSTICE BENDER does not […]

In the Matter of the Title, Ballot Title and Submission Clause, and summary Pertaining to the Casino Gaming Initiative Adopted on April 21, 1982; and Petition for Rehearing Denied May 25, 1982. Richard J. Spelts and Walter J. Boigegrain, Petitioners, v. Robert C. Klausing and The Committee for Economic Development and Tax Relief, Proponents, and […]

The People of the State of Colorado, Plaintiff-Appellee, v. Steven Houcks, Defendant-Appellant. No. 00CA1906.Colorado Court of Appeals. Div. V. June 5, 2003. Rehearing Denied July 17, 2003. City and County of Denver District Court No. 00CR0548; Honorable Herbert L. Stern, III, Judge. SENTENCE VACATED AND CASE REMANDED WITH DIRECTIONS Ken Salazar, Attorney General, Christine C. […]

The People of the State of Colorado, Complainant, v. Gregory G. Vernon, Attorney-Respondent. No. 82SA117Supreme Court of Colorado. Decided November 15, 1982. Original Proceedings in Discipline Linda Donnelly, Disciplinary Prosecutor, for complainant. Jack Westley Karford Professional Corporation, J.W. Karford, for attorney-respondent. En Banc. JUSTICE ERICKSON delivered the opinion of the Court. [1] This disciplinary proceeding […]

5 P.2d 581 MOSES v. CITY AND COUNTY OF DENVER. No. 12,516.Supreme Court of Colorado. Decided November 16, 1931. Action against city for damages resulting from collision between an automobile and fire truck. Judgment of dismissal. Affirmed. 1. MUNICIPAL CORPORATIONS — Governmental Functions — Fire Department. The power to organize and maintain a fire department […]

(509 P.2d 586) Gerald Lee Salas v. The People of the State of Colorado No. 24851Supreme Court of Colorado. Decided April 30, 1973 Rehearing denied May 21, 1973. Defendant was convicted of second-degree murder and appealed. Affirmed Page 322 1. INSTRUCTIONS, CRIMINAL — Insanity — Test — Statute — Proper. Where jury instruction set forth […]

98 P.2d 474 BEDFORD, STATE AUDITOR, v. PEOPLE EX REL. TIEMANN. No. 14,451.Supreme Court of Colorado. Decided October 16, 1939. Rehearing denied January 29, 1940. Suit in injunction to compel issuance of salary warrants by state auditor. Judgment for plaintiff. Reversed. 1. CONSTITUTIONAL LAW — Appropriation Bills — Title to Acts. If more than one […]

(543 P.2d 1311) The People of the State of Colorado v. John H. Heckers No. 75-100Colorado Court of Appeals. Decided December 4, 1975. In prosecution against state director of revenue in which he was charged with misuse of official information relating to the sale of equipment to a bar that had applied for a liquor […]

John I. Turner, Dorothy H. Beckwith, Ben B. Reiff, Virginia O. Phillips, Deloye A. Duggan and Eleanor J. Olmsted, Plaintiffs-Appellants, v. United Cerebral Palsy Association of Denver, Inc., David Heartman, Executive Director, Defendants-Appellees. No. 86CA1820Colorado Court of Appeals. Decided October 20, 1988. Rehearing Denied December 8, 1988. Certiorari Denied April 24, 1989. (89SC5). Appeal from […]

Richard W. Coates and Margery C. Coates, Plaintiffs-Appellants, v. City of Cripple Creek, Colorado; Cripple Creek, Colorado, City Council; and Henry Hack, William Fox, Steve Robb, Albert Stephens, and Terry Wahrer, in their official capacity as members of the City Council for Cripple Creek, Colorado, Defendants-Appellees. No. 92CA1681Colorado Court of Appeals. Decided November 4, 1993 […]

(517 P.2d 480) Ferndale Development Co., Inc., and Shroyer Construction Co., Inc., Colorado corporations v. Great American Insurance Company, a Colorado corporation No. 72-410Colorado Court of Appeals. Decided October 10, 1973. Rehearing denied November 6, 1973. Certiorari granted January 21, 1974. In action to recover on insurance policy, insurer presented no evidence. Finding certain exclusionary […]

In re the PEOPLE of the State of Colorado, Plaintiff v. Craig Dumene WILLIAMSON, Defendant. No. 10SA325.Supreme Court of Colorado. April 11, 2011. Appeal from the District Court, Arapahoe County, John L. Wheeler, J. Page 802 Carol Chambers, District Attorney, Eighteenth Judicial District, David C. Jones, Senior Deputy District Attorney, Centennial, Colorado, for Plaintiff. Douglas […]

Karen Teiken; Grace Williamson; Linda White; and Brenda Hearing, Plaintiffs-Appellants, v. Dr. Craig A. Reynolds, M.D.; Cosmetic Surgery of Colorado, a Colorado corporation; Cox-Uphoff International Corporation; Inamed Corporation; Dr. Charles German, M.D.; McGhan Medical Corporation; and Minnesota Mining Manufacturing Co., Defendants-Appellees. Nos. 94CA2036, No. 94CA2037, No. 94CA2038, No. 94CA2039Colorado Court of Appeals. Decided September 28, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Kelly Lee Clemons, Defendant-Appellant. No. 01CA2346.Colorado Court of Appeals. October 23, 2003. Certiorari Denied May 10, 2004. Mesa County District Court No. 00CR893; Honorable Nicholas R. Massaro, Judge. JUDGMENT AFFIRMED Page 480 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE […]

(571 P.2d 1072) Fredrick Lee Franklin v. The District Court of the Tenth Judicial District in and for the County of Pueblo, State of Colorado, and Richard D. Robb, the duly elected, qualified and acting District Judge in and for the County of Pueblo in the Tenth Judicial District of the State of Colorado No. […]

Brown Grain and Livestock, Inc., a Colorado Corporation and Myrna F. Thompson, individually, Plaintiffs-Appellees, v. Union Pacific Resource Company, f/k/a Champlin Petroleum Company, a subsidiary of Union Pacific Corporation, Defendant-Appellant. No. 93CA1022Colorado Court of Appeals. Decided June 30, 1994 Appeal from the District Court of Weld County Honorable Robert A. Behrman, Judge No. 91CV339 ORDER […]

Southwest Investment Company and Reliance Insurance Company, Petitioners, v. Industrial Commission of Colorado; Charles McGrath, Director Department of Labor and Employment, Division of Labor, State of Colorado, and Randall W. Braun, Respondents. No. 82CA0278Colorado Court of Appeals. Decided August 19, 1982. Review of Order of the Industrial Commission State of Colorado Page 1356 Ellison, Ward […]

(529 P.2d 1343) F. Poss Farms, Incorporated, a Colorado corporation v. Edna E. Miller, Executrix of the Estate of V. A. Miller, Deceased, and Edna E. Miller No. 74-137Colorado Court of Appeals. Decided December 24, 1974. In action for breach of a real estate purchase contract, judgment was entered awarding damages to seller. Buyers appealed. […]

(597 P.2d 1048) The People of the State of Colorado v. Donald Enriquez No. 77-223Colorado Court of Appeals. Decided March 29, 1979. Rehearing denied April 19, 1979. Certiorari denied July 16, 1979. Convicted of first-degree criminal trespass and third-degree sexual assault, defendant appealed asserting error in the admission of similar transaction evidence in rebuttal to […]

The People of the State of Colorado, Plaintiff-Appellee, v. Paul E. Inman, Defendant-Appellant. No. 96CA0257Colorado Court of Appeals. July 24, 1997 As Modified on Denial of Rehearing July 24, 1997 Petition for Writ of Certiorari DENIED February 2, 1998 Opinion Modified, and As Modified, Petition for Rehearing DENIED OPINION PREVIOUSLY ANNOUNCED AS NON-PUBLISHED (JUNE 5, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Alan WALTERS, Defendant-Appellant. No. 02CA2419.Colorado Court of Appeals. July 13, 2006. Certiorari Denied December 18, 2006.[*] [*] Justice EID does not participate. Justice COATS would grant as to the following issue: Whether comments made by the prosecutor during closing argument warranted reversal of the conviction under […]

103 P.2d 7 MELVILLE ET AL., AS TRUSTEES v. WEYBREW ET AL. No. 14,634.Supreme Court of Colorado. Decided April 8, 1940. Rehearing denied June 3, 1940. Suit to dissolve a trust and for accounting. Judgment for plaintiffs. Affirmed. On Application for Supersedeas. 1. TRUSTS — Receivers — Court Jurisdiction. In an action to terminate a […]

John Harold Rogers, Plaintiff-Appellant, v. Department of Revenue of the State of Colorado, Motor Vehicle Division, Defendant-Appellee. No. 91CA1462Colorado Court of Appeals. Decided September 10, 1992. Rehearing Denied October 1, 1992. Appeal from the District Court of Douglas County Honorable Thomas J. Curry, Judge Page 370 Cherner Blackman, Barbara S. Blackman, for Plaintiff-Appellant. Gale A. […]

The People of the State of Colorado, Complainant, v. Stuart J. Raubolt, Attorney-Respondent. No. 92SA31Supreme Court of Colorado. Decided May 18, 1992. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, for Complainant. No Appearance for Attorney-Respondent. EN BANC PER CURIAM [1] The respondent in this attorney disciplinary proceeding did […]